HomeMy WebLinkAbout2024-07-30; City Council; ; Settlement of the Workers’ Compensation Claim of Vince ManiscalcoCA Review JRT
Meeting Date: July 30, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sarah Reiswig, Risk Manager
sarah.reiswig@carlsbadca.gov, 442-200-4718
Judy von Kalinowski, Human Resources Director
judy.vonkalinowski@carlsbadca.gov, 760-473-4670
Subject: Settlement of the Workers’ Compensation Claim of Vince Maniscalco
Districts: All
Recommended Action
Adopt a resolution authorizing settlement of the workers’ compensation claim of Vince
Maniscalco.
Executive Summary
Vince Maniscalco, retired Fire Captain, sustained work-related injuries during the course of his
employment. The City Council is being asked to approve a compromise and release settlement
totaling $395,962. The settlement provides a lump sum payment for Mr. Maniscalco’s
permanent disability award and future medical expenses. This compromise and release
settlement permanently resolves his open workers’ compensation claim.
Settlements exceeding $50,000 require the approval of the City Council in accordance with City
Council Resolution 2015-086.
Explanation & Analysis
The terms and conditions of the proposed settlement are set forth in the request for settlement
authority document, which is on file in the Human Resources Department. The terms and
conditions were agreed upon by Mr. Maniscalco and the city, and have been recommended by
AdminSure Inc., the city's workers’ compensation third-party administrator, and both parties’
legal counsel.
Authorizing this compromise and release settlement permanently closes the open claim and
permanently releases the city from future liability for any new or further injury related to the
claim.
Declining to settle through the compromise and release process would require the city to
continue paying for medical care as needed and the city would remain liable if the injury gets
worse, medical and utilization review costs, and treatment complications.
July 30, 2024 Item #2 Page 1 of 3
Fiscal Analysis
The additional cost of this settlement is $395,962. Funding for this settlement was included in
the adopted budget for fiscal year 2024-25.
Next Steps
With the City Council’s approval, staff will file the appropriate documentation with the
Workers’ Compensation Appeals Board for its review and approval.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution
July 30, 2024 Item #2 Page 2 of 3
RESOLUTION NO. 2024-191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING SETTLEMENT OF THE WORKERS'
COMPENSATION CLAIM OF VINCE MANISCALCO
WHEREAS, AdminSure Inc., the city's third-party administrator, has recommended a settlement
of the Workers' Compensation claims of Vince Maniscalco; and
WHEREAS, all parties have agreed to settle the claim before the Workers' Compensation
Appeals Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Ci1lifornia, as
follows:
1.That the above recitations are true and correct .
. 2. That the expenditure of $395,962 from the Workers' Compensation Self-Insurance Fund
is authorized for the settlement of this claim.
3.That the City Council approves the request for settlement authority on file in the Human
Resources Department.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 30th day of l.!!.!Y., 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
�{hw,A: SHERRY FREISINGER, City Clerk
(SEAL)
Exhibit 1
July 30, 2024 Item #2 Page 3 of 3